[WSBARP] Tenancy in Common

[Mark Anderson]

Thank you for the input on the presumptions versus contributions issue.  However, I'm not there yet in my research into the facts.  I was hoping at this point to first get a read on how the property interests were divided between the parents (PC1 and PC2) and the child (PC3) based on the language alone, given that the parents are named on the deed as "husband and wife."  Any further thoughts on that aspect?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, January 7, 2022 2:24 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tenancy in Common

There is a weak presumption that interests are equal if the deed doesn't specify percentages, but I agree it's ambiguous when there's a H&W and a third individual. I have found in litigating these matters that the court is far more focused on who contributed how much money, because the presumption is indeed weak and is pretty much rebutted as soon as there is evidence of unequal contributions. So if H&W contributed 90% of the funds, they will hold 90% of the interest.

In a case between co-tenants, if a deed does not designate the interest of the co-tenants, then there is a rebuttable presumption that the co-tenants have equal interests.  See Cummings v. Anderson, 94 Wn.2d 135, 614 P.2d 1283 (1980);  Iredell v. Iredell, 49 Wn.2d 627, 631 305 P.2d 805 (1957).  However, when the initial presumption is rebutted by evidence of unequal contributions, a presumption arises that ownership is held in proportion to contributions made by the parties: "Property acquired with contributions from both parties is held as tenants in common, and courts will presume they intended to share the property, in proportion to the amount contributed, where it can be traced, otherwise they share it equally."  West v. Knowles, 50 Wn.2d 311, 313, 311 P.2d 689 (1957).

If H&W owned it and then quitclaimed to their daughter as a gift, I would argue that indicates a 50-50 split between H&W and daughter, just because H&W collectively were grantor and daughter was grantee. But the REETA should indicate something about the size of the intended gift, which might change that.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Friday, January 7, 2022 2:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Tenancy in Common

Real property is held in the name of PC1 and PC2, as husband and wife, and PC3, their daughter.  No joint tenancy.  Does PC3 hold a 1/2 interest or a 1/3 interest in the property?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220107/b06f4242/attachment.html>